Industry Group Would Permit (Some) DVD Copying 283
Zocalo writes "The BBC is carrying the story that agreements have been made to permit legal DVD copying for use on portable devices and The Register appears to have the same story too. While extremely light on details, the mention of Microsoft and AACS leads me to believe this has something to do with Microsoft's Janus system which has been discussed here before. Perhaps more interesting though is that Disney and Time Warner are apparently on board... Can it be that the MPAA has learnt a lesson from the RIAA's heavy handed tactics or has Microsoft convinced them that Janus will work, despite their recent record of bug free coding, and we're going to have a repeat of the DeCSS fiasco?"
backup copies (Score:4, Insightful)
Re:backup copies (Score:5, Insightful)
Re:backup copies (Score:5, Insightful)
All I got was this big response saying all I had to do was buy an "official" card that supported the broadcast flag and encrypted stuff appropriately. But you can bet your marbles those official cards will only work under Windows (see DeCSS and not wanting to give out keys).
So this is a big issue. It's basically saying you can still make a PVR, but you have to 1) pay Microsoft, and 2) honor the broadcast flag.
How about, NO?
Broadcast flag (Score:3, Insightful)
If I stood on top of a mountain and sang a song so loud nobody within twenty miles can avoid hearing it, can I complain if people record it?
Private performances, and things like cable and satellite, are different, because there is an expectation of some privacy: it's not be
Re:backup copies (Score:3, Interesting)
Just ask them how you are supposed to edit, compress, or otherwise manipulate encrypted images.
-
Re:backup copies (Score:2)
You know, I'm not really sure where people get this from. Laws like these have never really been tested. What company, for example, maintains a monopoly on CD DRM? Or digital signatures? None that I know of (although I'd be interested in hearing about one).
Re:backup copies (Score:4, Insightful)
A little OT, but I wish DVDs were like 3.5" floppies. I want those little cases that prevented fingerprints and scratches from occuring. That's about the only reason I have the slightest bit of interest in Sony's PSP system. Their mini DVDs work like that, and MPEG4 means movies can realistically be compressed to them. If they were to make the media more resilient, I'd be less bothered about the whole "you can't copy this" approach. (They do need to have some form of damaged disc exchange program, though...)
Re:backup copies (Score:3, Insightful)
Now, if it were optional, that'd be cool. I vaguely remember some sort of CD player that you'd have to put the CD in a special case first, and it'd read it while in the case. The case could also be used for storage.
Re:backup copies (Score:2)
Cheaper plus destructable so people'll buy replacement copies. It's funny how internet piracy might just legitimate customers to be treated fairly.
Re:backup copies (Score:2)
Re:backup copies (Score:2)
People hated them because they didn't come in caddies. You had to pull the caddy out, open it, pop the appropriate disc in, and then pop it inside. Too many steps.
You make a good point about the binder, though.
Re:backup copies (Score:5, Insightful)
I dont for one second believe that they will allow free and unincumbered copying and I have proof- I was just down stairs, and I checked the temperature in hell- there was no freeze.
Seriously though- the issue for the *AA is not the copies or even the volume of copies distributed- its the idea that copying and distributing is quickly becoming something you dont need a recording/producing company to do for you, for mega-middleman-bucks. Its all about the control, stupid.
Nor do I believe the MPAA is more ethical simply because it hasnt taken the hardline approach of its sister organization, the RIAA. The only reason for this is that the threat posed to their cartel by information systems is much smaller. Consider the bandwidth requirements of transferring a movie vs an mp3. If we ever get fiber to the home, we'll see how they feel about copying for fair use rights.
Rember kids, what these people would love to set up is legislation whereby every time you hit "control-c", it hits your checking account for $XY.99. In doing so, they garner virtual veto power over the entire information systems industry. Oh I am so sorry little internet startup, you can't market your product, because it might help someone make an illicit copy! What part of "This will destroy the US economy" don't they get?
Re:backup copies (Score:2)
I store my backups at the DVD store (Score:3, Funny)
Lulling us into complacency (Score:5, Insightful)
Re:Lulling us into complacency (Score:5, Insightful)
It's not what the fucking corporations decide it is. They have to play under the GOVERNMENT's rules not the other way around. You just have to love the brass balls that the MPAA has saying "oh, we are going to allow you to make backups."
Excuse me assholes but we already can make backups due to something called the law. I am fairly certain that the law trumps what controls you believe you have.
Let's stop pussy-footing around with these people and tell them to fuck off.
Re:Lulling us into complacency (Score:5, Insightful)
With DRM, it works the other way... It's called the DMCA.
Re:Lulling us into complacency (Score:2)
The law does trump everything else, but this is easier said than done. At this moment in time, we barely have a seperation between corporation and state. The companies might not directly make our laws, but they are strongly influential to the people who do make our laws. Unfortunately the majority of our society is too retarded to notice.
I complete
Re:Lulling us into complacency (Score:2)
Re:Lulling us into complacency (Score:2)
I thought that in the Bill of Rights, one of them basically said.....a person has a right to do most anything if it isn't against a law passed specifically against doing that act....
I don't think the law permits you to do anything, it can only keep you from doing things.
Re:Lulling us into complacency (Score:4, Insightful)
Furthermore I do not think that an Amendment is appropriate. Copyright is an important issue, but there are no flaws in the Constitution; the problem lies in getting Congress to do things right and getting the Courts to curtail Congress when they're getting things grossly wrong.
Re:Lulling us into complacency (Score:5, Informative)
1) Section 107 and of the US Copyright Act. This act defines US copyright law and discusses derivative works, transformed works, etc. This law determines what is and is not a copyright violation, and mentions backups, copies for educational use, etc.
2) It is clarified in several supreme court cases. These rulings were later made into laws after they were upheld several times.
Some links:
Fair Use at the US Copyright Office's web site [copyright.gov]
Fair use explained by BitLaw [bitlaw.com]
Stanford Copyright & Fair Use [stanford.edu]
Compromise Fair use? hell no! (Score:4, Insightful)
I would, of course, encourage the rest of the community to do the same. Don't compromise on your rights. Instead, continue to fight for them.
Re:Compromise Fair use? hell no! (Score:2)
This new plan actually sounds less evil than current DVDs. My guess is that it's mostly an attempt to stop people downloading DeCSS. Most laptops have massive amounts of unused HD space, and people want to be able to watch their legitimately-purchased movies without carrying around a
Re:Compromise Fair use? hell no! (Score:2)
Re:Compromise Fair use? hell no! (Score:2)
You may not think so, but the creators of content have always had rights to said content which should be observed.
Re:Compromise Fair use? hell no! (Score:2)
Re:Compromise Fair use? hell no! (Score:2)
No it does not. Anywhere on any devie THAT YOU OWN. I doubt people own an infinte number of devices. There is no reason that I should be allowed to make a copy for a friend. I can give them my copy to keep/borrow, however, I can not make a copy for them and now we both have one. There is no need for DRM. It hasn't stopped anything yet. And this MS Janus crap will really suck. Basically to exercise your fair user rights you will have to use an MS "approved"
Great, more m$, less *nix (Score:2, Insightful)
Similar article on CNN -- Different Angle (Score:5, Informative)
So, does this mean we're winning? Or just that we're not losing.
It just means (Score:2)
So, like Tarantino's bartender, not only are we going to get completely pissed on, we're (or some of us) going in to be happy in the process.
Re:Similar article on CNN -- Different Angle (Score:2)
Re:Similar article on CNN -- Different Angle (Score:5, Insightful)
As I may be held criminally liable for saying certain things in certain situations, and civilly liable if I say certain other things in certain situations without a license.
The right to listen to a CD is granted by the purchase of a license.
No. The right to play a CD is granted by the purchase of the physical object. There is no license attached. My wife may listen to the same CD without purchasing anything and the CD, as my property, can be resold with no transfer of the nonexistant license because I have a right, by law not license, to play and transfer ownership of said CD.
If I wish to make 100 copies to distribute to my neighbors I'll need a license, because someone else holds the copyright.
KFG
Re:Similar article on CNN -- Different Angle (Score:2)
Rights are actions that protected or otherwise unhindered by the laws of our society.
Thomas Jefferson would have disagreed. Rights, by the natural rights view that underpins US legal theory, are...well...natural. Or as TJ put it, "endowed by their Creator" and "inalienable". The Constitution is supposed to be merely a detailing specification of the form of those rights.
Being able to play a CD in your car clearly falls under the category of being able to use what you own, a long-recognized common-law r
Thanks (Score:4, Insightful)
Thanks for 'letting' us do what we have the right to do and what makes us a criminal (unjustly) anyway.
or... (Score:2, Insightful)
Ahhh MPAA Ahhhh (Score:5, Funny)
Stealing a car?!? (Score:5, Funny)
Um... no. That is like saying killing a caterpillar is the same as killing George Bush (No troll intended, first name i though of)
Re:Stealing a car?!? (Score:2)
Re:Or... (Score:2)
Remember "intellectual" vs. "real" property (Score:2, Insightful)
What are you talking about? (Score:4, Insightful)
Re:Stealing a car?!? (Score:5, Insightful)
Nope, sorry. Theft means that your "victim" starts out having something, and ends up not having it anymore. It's really that simple.
If you can explain how unauthorized copying meets that standard, *without* invoking some parallel dimension where I buy an authorized copy of every single movie I see and then claiming losses relative to that alternate dimension, then you win.
Re:Stealing a car?!? (Score:2)
Holy crap, my credit card number got lifted! What's my name again?
Re:Stealing a car?!? (Score:3)
Also not theft. It's just a scarier name for fraud. Next !
Re:Stealing a car?!? (Score:2)
Re:Stealing a car?!? (Score:2)
Funny, that's not the definition at all.
Steal:
1. To take (the property of another) without right or permission.
2. To get or effect surreptitiously or artfully
Look at defintion 2. In other words, if I have a conversation with Quintin Tarrantino about some movie idea involving a "bride" who avenges murders, and I tell him not to take it and make it into a major motion picture, and he does, that's stealing.
If
Re:Stealing a car?!? (Score:4, Informative)
Here's Mirriam Webster's def:
1 a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property.
It's clear under this def that you must deprive the rightful owner of their ownership of property.
Re:Stealing a car?!? (Score:2)
Re:Stealing a car?!? (Score:3, Informative)
Exactly!
With shoplifting the victim loses two things:
1. Property of value
2. A potential customer for that property
With copying, the victim only loses the potential customer. These are not the same thing. They never have been the same thing. They never will be the same thing no matter how many times the RIAA/MPAA tries to claim they are.
Losing a potential customer is not the same as having somet
Re:Stealing a car?!? (Score:3, Insightful)
No. It's copyright infringement.
Re:Not quite right... (Score:4, Insightful)
Right, that's the definition of theft.
> In this instance, the victim (movie company) never received compensation due to them.
That's _not_ the definition of theft.
> I hope I made my point clear...
The point is, it's not theft. It's unauthorized copying. That also happens to be illegal (in the US), and there's no argument from
anyone on that point. Incidentally, many of us don't feel it's _immoral_, something which theft is. And if something is illegal but
not immoral, it just means the law is (arguably) wrong. Whether or not you choose to follow the law even when it's wrong is a
personal decision you have to make.
Complicating the whole situation is the fact that the copy-control lobby has made many leaps towards denying fair-use rights,
chilling free expression, and has done a number of other things which many feel _are_ immoral, and so some feel self-righteous
in circumventing the restrictions they impose. That doesn't make it right to use circumvention tools for un-fair use means,
but it makes it understandable that the copy-control crowd doesn't get much sympathy.
Re:Stealing a car?!? (Score:2, Insightful)
Yes. What's more it implies that you intended that the legitimate owner no longer have posession.
Saying infringing copyright is theft is like saying taking a Georgia stop sign is theft.
Rights of way are infringed, not stolen. The only way a right to copy can be stolen is by stealing the copyright.
Of course the music industry has made something of science of that last, even going so far as to attach "rights" t
Personal use (Score:5, Informative)
Some copyright holders (RIAA) have tried to reduce my rights, preventing me from making copies for my personal use. They never anticipated the bonanza from CD reissues of vinyl records, and they want to reissue incompatible formats every few years to get me to buy more copies. Digital copies for personal use threatens that gravy train, and rights be damned. But they can't stop us from exercising our rights, so they'd better get with the program.
Re:Personal use (Score:4, Informative)
At least in the US, your statement of the law is wrong. Purchase of a piece of physical media does not specifically provide you any rights to make copies of copyrighted works held on that media.
UTSL. You might actually want to read the relevant bit of law before making (potentially) incriminating remarks. For instance, here are the exclusive rights of the copyright holder (not the media buyer) [cornell.edu] and the statutory fair use rights [cornell.edu] of all persons (including the media buyer) under Federal law.
Re:Personal use (Score:3, Insightful)
The rights are not specifically provided, to be sure, but the fair use statute is quite broad and open to a great deal of interpretation. It essentially lays out the basic considerations and leaves it up to the judge.
Re:Personal use (Score:2)
Regardless of what you and I and most people think your rights should be, in reality, your rights in terms of what you can do with a copyrighted work are exclusively spelled out by the seller, not you. By purchasing copyrighted music or whatever, you agree to the terms.
Re:Personal use (Score:4, Funny)
Officer: license and registration please
Car-thief: uhm, eh
Officer: Where are the originals?
Car-thief: Well you see
Officer: Get out of the car, NOW!
Car-thief: but, but .
Headlines: "Pirate busted in random traffic control"
Morale: Always keep copies (multiple) of all your CD's in your car!
I do not need their permission (Score:3, Interesting)
Re:I do not need their permission (Score:2)
Re:I do not need their permission (Score:3, Funny)
camcorders? (Score:2, Funny)
Isn't it already legal? (Score:4, Insightful)
I mean, I have the right to create a backup under fair-use. I have the right to make a copy for another medium. I'm not attacking the the way the story is posted, but I think it's important to re-iterate that coying your DVDs to another medium is fair-use, and fair-use is legal.
Now, maybe they are in discussions to make it easy. Somehow, I doubt it will be any easier than other methods out there (links anyone?), but it will be sanctioned by the MPAA. This is good, and it shows progress, but the MPAA does not have the power to make things legal or illegal.
Re:Isn't it already legal? (Score:3, Informative)
Let me explain your current rights... (Score:5, Insightful)
However, any route between those two states have been made illegal, mostly by the DMCA. So, you have technically not lost any right, only any and all means to exercise that right.
To take the Orwellian analogy: You still have freedom of speech. Except you have to express it in newspeak. Now isn't that doubleplusgood?
Kjella
Re:Isn't it already legal? (Score:3, Informative)
Don't be fooled. This announcement is not saying that the MPAA will agree that you are within your rights to backup and/or time/device shift your legally obtained media (you are). Instead, they are saying that they are going to implement (with the help of Microsoft) technologies that ensure that that is all you are able to do with the media.
So forget about taking a backup copy of your movie to a friend's house and trying to play it on their equipment (ain't gonna happen -- although you have the right to
Grammar Nazi-ing (sorry!) (Score:5, Funny)
English teachers beware: reading the above may induce orifice hemorrhaging.
iMedia sync to video iPod... (Score:3, Insightful)
Maybe this is what Steveo is waiting for.. An easy rip-to-360x240 mechanism, preferably preserving menus and whatnot..
It'd be great for commuters and tech fetishistes..
WTF? (Score:5, Insightful)
[snip]
Northern Irish paramilitaries and Afghan Sikhs are among those involved in selling DVDs in the UK, according to the Federation Against Copyright Theft (Fact), the industry's anti-piracy unit.
I remember we (on /. ) used to joke a few months back that it won't take long for pirates to be labelled "terrorists" and puppy killers. Now this is *actually* happening.
From Orrin Hatch labelling piracy as "anti-children" to this latest FUD, I can't believe they'd go so far (in cahoots with the government ofcourse) to spread their lies.
I could argue that the Record companies and "artists" are culprits in the first place, because they *produce* the music/movies which these "terrorists" pirate in the first place to fund their activities?
Re:WTF? (Score:2, Interesting)
I tell ya, the guys running the little bootleg booths around here all have turbans on their heads and long beards. They're raking in a lot of bucks, and he sure as fuck ain't spending it on the latest fashion or personal hygiene
Re:WTF? (Score:2)
The industry needs to go after those people, not wast time and money dealing with the individual downloader. I have no problem with the arrest of people processing hundreds of DVDs illegally.
Re:WTF? (Score:5, Insightful)
I remember we (on
Terrorism is at least something you spend money on. But funding drug dealing? "Yeah, drug dealing is not profitable. Fortunately, we're able to keep the operation going by funding it from our DVD pirating. It's such a valuable contribution to society that we have to keep it going, even though we're not earning any money on it." Reality-check: Failed. The only drug dealing funded here is what they've been smoking.
Kjella
What's more likely to happen... (Score:2)
Make no mistake, the corporate entity's sole purpose of existence is to milk their custom.. ahm, licensees for every penny they can get.
Maybe magic marker is the answer (Score:5, Funny)
fair use, etc. (Score:2)
Think of how different things would have been if iTunes had been released to the public back in 1999.
Of course you'll be able to copy (Score:3, Insightful)
Now if you'll be able to copy to anything else but that portable player, or on anything but Windows - very doubtful.
OT: Janus (Score:5, Funny)
Janus [novareinna.com] was the Roman god of doors and gates (or beginnings and endings). "January" is derived from Janus; the beginning of a year. Janus is generally portrayed as having 2 faces, one looking forward and one looking back.
Hmm, 2 faces... two-faced...
I'm not sure if I should be concerned or amused that Microsoft chose this name for their system.
Like they have a choice? (Score:3, Interesting)
I think anyone that tried to convince a jury that I shouldn't be allowed to watch a movie I bought on a device I bought would be laughed out of court.
I see this current activity as damage control, public relations, and possibly a backdoor into monitoring/ratings. After all, if they can show that x people watched the movie on their portable player, and were forced to view the commercial attached to it, they can get revenue from that commercial.
Re:Like they have a choice? (Score:3, Insightful)
The fact that, in exercising your rights to create that backup, you probably decrypted the video stream, THAT is where you broke the law. The DMCA classifies that as circumvention of a protection method, and that's the issue that we have with the DMCA (well, one of them, anyways): We retain our fair use rights, but if we want to exercise them, we break the law.
At least, that's how I remember it being explained to me from my Int
They really don't have a choice... (Score:2)
Microsoft DRM (Score:4, Informative)
Microsoft DRM for WMA seems to be holding up pretty well. All the cracks I've seen are equivalent to "burn a CD and rip it". E.g., it seems successful in limiting people to doing exactly what they are licensed to do.
Probably best to save the snide remarks for when someone actually cracks it.
Re:Microsoft DRM (Score:2)
Trust me, as soon as we have more than a dozen sources of DRM WMA that don't have trivial non-DRM WMA sources attached, we'll have cracks.
Re:Microsoft DRM (Score:2)
Re:Microsoft DRM (Score:2)
WMV (Score:3, Funny)
DRM replaces media degradation (Score:4, Interesting)
Thats the role DRM is playing today. So you can't buy a copy and use it forever.
Thats why I refuse DRM.
This is so lame. (Score:5, Informative)
It is not industry's place to "grant" us this. It is our right to do so regardless of their wishes.
Time For A Poker Analogy... (Score:3, Interesting)
Their histories should speak for themselves. Combined, they're probably trying to get ahold of the One Ring again.
All DRM should be required to time out (Score:4, Interesting)
Supply and demand (Score:3, Informative)
Is there any equivalent to an MP3 or DIVX that takes hours to days to download, of questionable quality, and random completeness to what you buy in the store?
No, hell no there isn't.
Who here has "upgraded" their tape/album collection to CD? I have. Who benefited from this? Yes, the music people (doubful the artists did, maybe a little). I personally have bought 3 copies of "Dark Side of the Moon", on LP, the original release of the CD, and the Original Master Recording CD (out of print now). Once I get my surround system hooked up again, I will buy the SACD as well.
My point being, is that people are willing to sacrifice quality for quanity, and they realize this. I'm not much into pirated stuff, but I know it exists. I know where to get MP3s, I don't know where to get CD quality rips of CDs (except for killer live stuff! [sharingthegroove.org]).
The music/movie people bitch and complain about bootlegging and pirating, yet they simply refuse to change. Currently (and from here on) there will be a supply from the "traded" (0 monitary cost, low quality, large time investment, no liner notes, etc), the used marked (lower monitary cost, harder to get "what you want when you want it"), and the store bought route (you know what goes here).
The thing that really kills me is that Sony is being a pussy with this opportunity. I mean, damn, they own a vast majority of the material, and they manufacture hardware of varying quality from junk to pretty damn good stuff.
What do I know? I'm only a consumer that has spent thousands of dollars (probably about $6k) in electronics and hundreds a year on music and movies.
People will always want music, and the market demands the price. Go to ebay and look for Coventry Phish tickets. They are going for about $400 a pop (I've got 4
Well, that's awfully damned nice of them! (Score:5, Insightful)
agreements have been made to permit legal DVD copying for use on portable devices
Permit? It is not these companies' place to permit me to do anything! The rights to use recorded material has been defined by the Supreme court of the United States. These rights are not something to be graciously permitted by companies who only exist by the virtue of money I pay for their products!
Not to mention that this scheme will almost certainly grant Microsoft a virtual monopoly on every playback mechanism for any recorded material. Do you really believe that there is any chance in hell that this DRM scheme will ever run on any platform but Windows?
Vote with your dollars, people! I for one am not going to purchase any damned part of this scheme. And I am an electronics engineer. If it comes to pass that no playback device for any recorded media in the US can be bought without this DRM scheme, then I will make it my sole purpose in life to determine how it may be defeated and spread it throughout the Internet.
Fuck 'em! Just fuck 'em.
Re:Well, that's awfully damned nice of them! (Score:3, Informative)
Permit? It is not these companies' place to permit me to do anything! The rights to use recorded material has been defined by the Supreme court of the United States.
Given that this is a British article you're quoting from, what on Earth does the US Supreme Court have to do with it?
does it matter? (Score:2)
So, you're against DRM, and believe that Microsoft writes shitty, buggy software. If you're against DRM, shouldn't you WELCOME Microsoft's Janus into all commerically available movies? This way, it will be exploited quickly and you can get right back to pirating even h
I'll buy DVD's when I can own one... (Score:5, Insightful)
As if I have to ask for permission to copy something that I own in the first place?
I rent my apartment. I read and signed the lease prior to occupation. I crossed out the parts I didn't agree with, and the landlord accepted the modified lease. I don't pretend that I own my apartment, and the landlord didn't pretend he sold it too me.
But, this DVD thing, is apparently different. According to the MPAA:
When I see the the billboard movie ads says "own it today", I think of actually owning a movie. But after I've shelled out hard cash and pop in the disk, the MPAA informs me that this movie is licensed for home viewing... Wait a minute? - I thought I was buying the DVD, as in, I NOW OWN THE MOVIE. How can the MPAA impose terms on the use of something they no longer own?
What it comes down to is this: If the MPAA can impose terms on me after I've bought something, I don't really own it. And why would I buy something I can't own?
The communists didn't believe in private ownership either. Given Hollywood's leftist leanings, the MPAA's attempt to erode private ownership of goods comes as no surprise.
I'll think about buying a DVD when the MPAA can tell me exactly what, if anything, I own after the purchase
Re:I'll buy DVD's when I can own one... (Score:3, Insightful)
Actually, there are a few copyright clauses that fall under most people's radars. One is the public performance clause... I.E. you can't charge admission to a packed house of 100 other people, or for that matter even show it to a sm
In related news (Score:4, Funny)
Re:In related news (Score:4, Funny)
They will allow people to copy the DVDs they buy.
The Weather people will allow you to get wet in the rain.
It's an ANALOGY about INEVITABILITY.
Janus (Score:3, Funny)
Would "permit" copying? (Score:4, Insightful)
There are somethings in this universe that you just can't control; copying is one of them.
Re:Initial thoughts.. (Score:2)
For DVD releases: these are (obviously) timed to be released after the cinematic release, so that is one cause for delays. Also, adding subtitles, language menus, possibly dubbing, etc etc all take time. Of course, all of this could be parallelized (and probably is), so the real reason is probably simply mo